County to seek legal advice in medical pot grow record subpoena

County supervisors met in closed session Tuesday to discuss the federal subpoena for all records, including emails, correspondence and inspections associated with Mendocino County's pot regulation ordinance.

After the closed session, County Counsel Tom Parker reported he was going to "hire and retain outside counsel and to take appropriate action."

Parker also reported "federal authorities have subpoenaed information regarding 9.31, but have not disclosed their interest in that information."

The federal subpoena was issued on October 23 and gave county officials until November 8 to deliver the documents to the federal grand jury. The county obtained a time extension until January 8 to comply, according to Parker.

The subpoenas were issued to "custodians of records" in the Mendocino County Sheriff's Office and the Auditors Office. The subpoena says "you are commanded to appear and testify before the grand jury...You are also commanded to bring with you the following documents..." It adds if the requested records are provided "no appearance will be necessary."

While the board has requested legal counsel on what to do, as far as TWN has been able to determine they were not the specific recipient of any of the subpoenas.

The subpoena requests copies of all "records, letters and any other communications on the Mendocino County Medical Marijuana Cultivation Regulation to include third-party inspectors and the Mendocino County Board of Supervisors" since January 1, 2010. The request was expanded to include all "memoranda, notes, files, or records relating to meetings or conversations concerning" the Zip Tie program or Medical Marijuana Cultivation Regulation.

The subpoena also requests any and all financial account numbers used by the Mendocino County, District Attorney's Office or Sheriff's Office. In addition to the broad request, there is also a specific request for the financial account numbers for funds received through the Zip-Tie program.

It requests all "records of inspections, applications and communications, to include emails, with Mendocino County 9.31 program permit applicants, permit holders and inspectors."

Representatives of the Emerald Growers Association spoke at the December 4 board meeting to ask the supervisors to "fight the federal subpoena."

The Emerald Growers Association is a medical cannabis trade association headquartered in Redway.

As part of its efforts, the association in a press release asked concerned citizens to contact the board and "demand that the county at to protect its citizens' interests and fight the federal subpoena by passing a unanimous resolution to direct County Counsel Tom Parker to oppose it in court, if necessary."